Constructive Dismissal

As of May 29, 2020, the Ontario government has altered the law on constructive dismissal. In Farber v. Royal Trust Co., the Supreme Court of Canada describes a constructive dismissal as “a fundamental or substantial change to an employee’s contract of employment.” In its subsequent decision in Potter v. New Brunswick Legal Aid Services, the Supreme Court further explains … Continue reading COVID-19: Legislative Changes to Constructive Dismissal

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Mergers and acquisitions of companies and their assets occur on a regular basis. Sometimes the entire company is acquired by way of a purchase of the shares. At other times, only the assets of the company are purchased, leaving ownership of the company intact. From an employee's point of view, this distinction can be important … Continue reading What will happen to my job now that the business has been sold?

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The Ontario Court of Appeal's decision in Boucher v. Wal-Mart Canada Corp., 2014 ONCA 419, is an excellent example of the consequences that can follow from failing to handle claims of workplace harassment and abuse carefully. Facts of the Case Meredith Boucher started working for Wal-Mart in 1999. After 9 years, she rose to the position … Continue reading Time to Take Workplace Harassment and Abuse Seriously

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One of the realities of running a business is that sometimes an employee's role has to change in order to ensure the efficient operation and, in some cases, the survival of that business. Unfortunately, despite an employer's well-meaning intentions, this kind of business decision can result in liability for constructive dismissal. This was the situation … Continue reading Farwell v. Citair, Inc.: Constructive Dismissal by Demotion

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COVID-19 - Please note that as part of our efforts to practice social distancing and help stop the spread of COVID-19, we will not be scheduling in-person meetings until further notice. However, we remain available for consultations via telephone or video conference. Please feel free to contact us for more information.